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says that i'm not sure that all legal scholars refer to roe as the settled law of the land as the supreme court level. no one ever says in it front of the hearing. >> not quite a smoking gun. maybe a smoking arrow. what's really meaningful about that e-mail is he identifies the three justice s who are already there. among them is john roberts, his hero, self-described. and he said the same thing, roe is the settled law of the land. in 2016 he voted to uphold the texas restrictions on a woman's health. >> the reason i want to talk to you, because of your testimony, and senator boxer was this. when people think, what is the strategy? if there is a way to stop kavanaugh, there are two women in the republican caucus that are ostensibly pro abortion

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